Tuesday, September 16, 2014

The Historic Prospective of Reservation

The Historic
Prospective of Reservation

Historical Background
of reservation; - -

With the codification of Hindu Laws
in The Manusmiriti centuries ago, web of 100% Reservation of dignified jobs for
the Upper castes and undignified jobs for the Shudras was created. Manu said,
the Illustrious one (Lord Brahama) assigned innate activities for those born
out of his Mouth (Priest), Arms (Kshtriya), Thighs (Vaishya) and Feet (Shudra).
Duties assigned for priest viz. Brahmin , he ordained teaching, and learning,
sacrificing for them selves and sacrificing for others( 1-88), for Kshtriya protecting his subjects, giving, having
sacrifices performed studying and remaining un- addicted to sensory objects ( 1-89 ), for (Vaishya) protecting
his livestock, giving, having sacrifices performed studying , trading, lending
money and forming for commoners or Vaishya (1-90 ), the lord assigned only
one activity to a servant “Shudra”
serving these ( others ) classes with out resentment( 1-91 ) The myth we are
carrying for centuries is a big lie as mouth, arms thighs and arms cannot act
as orifices for birth . This practice continued denying Shudras all facilities
of leading decent life, sealing all human rights for them. Education the root
of progress was banned for the untouchables
( hereafter referred as Dalits ). It seamed that the Caste Hindus banned the jurisdiction of their
goddesses Sarasvati ( Wisdom), Laxmi ( Money power) and Shakti ( Physical
power) over the Dalit else they get polluted. This proved a potent means for social control and the reason to ban traditional Indian
education to Dalits. From time to
time conserted efforts were made by some good hearted persons. The efforts of
social reformers like Lord Budha, Lord Mahaveera, Soami Dayanamda Saraswati,
Raja Ram Mohan Rai , Swami Vivekananda,
Mahatama Jyotiba Phuley, Gurus ,
Peers Bhagats of Bhakti Movement, had
very limited or no effect on the orthodox Hindus and Shudras continued leading
life worst than animals. Such humanist acts were suppressed by all means and
many reformists were even done to death.
Faithful execution of their duties brought more miseries to shudras. There
by they continued to suffer for centuries under religious prejudices.

The Dalit emancipation from the Caste Hindu
religious chains were not possible with out education to them. India remained
mute and dumb to the changes taking
place else where in the world. In a survey in Madras Presidency between 1835-25
there were 12,498 schools with 188,000
pupils but none from Dalits.The Sanskrit and Telgu were the medium of
instructions with teachers from Brahmins
imparting education mostly from
their religious books. Dalits were even
left out of censes counts as no body was ready to go to their hutments for fears of pollutions.

With coming of Christen missionaries and
establishment of Church branches in
different parts of India education for all started taking roots. Act of 1813
granted permissions to missionaries to start imparting education in the East India
Co territories. In 1837 English was made official language of administration
and opened subordinate services for Indian natives. On May 5, 1854 government
lifted ban on admission to Government run schools on the basis of caste. When
Caste Hindu resisted admission of Dalit in schools where their wards were
studying, government open separate schools to education Dalits. Since then all
teachers were Brahmins, they started leaving these separate schools. Despite
such hurdles some Dalits got educated in schools particularly in missionary
schools. Such Dalits who got education rose to the occasion to help their Dalit brethren. Mahatam Jyotiba
Phuley (1827-1890),who got education in Missionary school Pune, opened first
ever girls school in 1948 in Pune followed by more such
schools, where admission was open to all categories of pupils. His wife Mata
Savitribai Phuley (1831-1897) home taught , served as teacher. She was “ Mother Of Women
Education in India, besides being First
Woman Teacher in India.”

Dalit
emancipation movements( 1990-1947)

Except
some individual efforts not much was done
to educate Dalits till 1917 One among these noble heated King from OBC(
Teli caste) Chhatrapati Sahu Ji Maharaj(
1874-1922) earned the distinction of Dalit Reservation Hero, when he ordered by
a Royal order to grant 50% Reservation for OBC in all government services. This
was resisted by Bahrmins and other higher castes but Maharaja did not relent
and this order was implemented to the extent possible Another OBC Raja of
Pangal(1866-1928),who was Chief Minister and Premier of Madras Presidency from
July 1921 to Dec 1926 ordered reservation in services for OBC. He was leader of Justice Party government, which later renamed
as DMK and breakaway group named AIADMK,
presently having its government in Tamilnadu.

However
no effort was made to recognize the rights of minorities in British India till
1917. Sensing troubles in First World war ( 1914-18) the British
Government declared in the House of Commons on august 20, 1917, “Policy of
gradual Development of self governing institutions with a view to progressive
realization of responsible Government in India as an integral part of British
Empire”. Montague then came to India to study the different shades of political
opinion, all sorts of interests, & demands. All political organizations
including representatives of untouchables (Depressed classes) placed their
grievances before him in November 1917. Depressed classes demanded among other
things right for untouchables to elect their own representatives to the
legislatures in proportion to their population. The Act of 1919, based on
Montague –Chelmsford Report, clearly recognized the existence of untouchables
& their problem for the representation in legislatures and recommended
nomination on 7 seats for depressed caste candidates. Dr. Ambedkar also
appeared before this committee as, by then, he had grown deep roots in Indian
politics by organizing large number of meeting to safe guard interests of
depressed Classes & to seek share in political power in free India.

The
Government of India recognized “They (Untouchables) are 1/5 of the total
population of & have not been represented in the Morley – Minto committee”
-The government also recommended enhancing nomination of Depressed Classes from
07 to 14 seats.” It also announced the appointment of the Indian Statutory
Commission better known as SIMON COMMISSION,
after John Simon its chairman. It visited India twice. But Congress party decided to boycott Simon
Commission and so greeted it with black flags & abuses on it s first
arrival at Bombay on Feb.3, 1928 & II visit in winter of 1928-29 Dr.
Ambedkar was selected on Bombay Provincial committee by the Bombay Legislative
Council, to appear before Simon Commission. Out of 18 depressed classes
Associations 16 pleaded for separate electorates for Depressed Classes. Dr.
Ambedkar appeared before the commission, on October 23, 1928, on behalf of
Bahashkrit Hitkarini Sabha & he pleaded for joint electorates with
reservation of seats for Depressed Classes. He opposed the principle of
nomination (Act of 1919) & demanded a place in cabinet for the depressed classes
besides education of depressed classes as a first charge to Government Revenue,
right of recruitment in Army, Navy, Police & all other Govt Departments
services. As then even the entry of the
Depressed classes people were banned in Armed forces, police and paramilitary
forces Dr. Ambedkar demanded that the
depressed Classes needed greater
political protection than any other
minority in British India as they are more educationally, economically
& socially backward & suffer
from many politically disabilities .

The Simon Commission recommended 60
% of seats (150 out of 250 seats) in central legislature to Hindus including
reservation for Depressed Classes out of Hindu quota of seats. But an amicable
solution of sharing political power in free India could not be settled by
different parties, even after deliberations in two Round Table Conferences,
which Dr. Ambedkar also attended as representative of Depressed Classes and
demanded equal rights for the depressed classes peoples including respectable
means to earn their livelihood.

So to settle communal question The
British Govt. Announced on 17 August 1932, which was better known as Communal
Award declaring “Members of depressed classes qualified to vote, will vote in a
general constituency besides voting separately to elect their representatives
on Reserved seats. In view of the fact that for a considerable period, these
classes would be unlikely, by this mean alone, to secure any adequate
representation in legislature, a number of special seats will be assigned to
them ( A table was drawn to specify no of such seats ). These seats will be
filled by election from special constituencies in which only members of the
Depressed Classes electro- rally qualified will be entitled to vote. Any person
voting in such a special constituency will, as stated above, be entitled to
vote in the general constituency also. But Mahatma Gandhi , Congress Party
& Caste Hindus were totally opposed to give such a right to Depressed
Classes. However Gandhi Ji and party
did not oppose rights for Muslim ,
Sikh Europeans & Christians ,as Gandhi Ji had already acceded 14 demands of Muslims in “Gandhi – Muslim Accord of 6th October 1931 .” Gandhi was
not prepared to give any right to untouchable which could establish their
separate identity. Gandhi Ji supported caste system but said “Let the Hindus
have an opportunity to expiate their sins and purify Hinduism.” It is not in the
interests of the masters to free their subjects”.

Against all persuasions, explanations,
clarifications, requests &deputations Gandhi Ji decided to go on Fast unto
Death on 20th September 1932, in Yaravada Central Prison Poona,
where he was lodged, to get nullified what the untouchables had got through
Communal Award. Gandhi said “Withdraw
these safe guards or else, he will end his life.’’(Gandhi Ji is reported to
have undertaken 21 fasts during his life time but none for the cause of Dalits)
The British Prime Minister had categorically refused to consider unilaterally, any
alternation in Communal Award or withdraw it of its own, but was ready to
substitute for it a formula that may be agreed upon by the caste Hindus &
untouchables. Gandhi’s life was in the
hands of Dr. Ambedkar, who responded to the call of humanity against his
consciousness by agreeing to sign Poona Pact, hammered out to save Gandhi’s
life. Dr.Ambedkar was under great mental stress as upper caste Hindu
organisations had started burning
hutments of scattered unarmed Depressed Castes rural masses. Many Dalits were
attacked by lethal weapons as well. Certain safe guards and privileges were
agreed for the Depressed Classes. Signing of Poona Pact cut the tongue of the
Dalit leaders and their majority does not bother to speak forcefully for their
kith & kins, as they think their future lies in the hands of party bosses
who are from upper castes.

Constitution Provisions:-
These privileges and safe guards were enshrined in the Constitution Of
Free India in the form of Articles 17 (
Abolition Of Untouchability),16.16(4, 4A )(
Reservation In appointments, promotions), 332 (Reservation of seats for
SC’s& St’s in State Legislative Assemblies), 335 (Claims of SC’S & ST’S
to services & posts, 340 (Appointment of a commission to investigate the
conditions of the backward classes to take steps to improve their conditions .
This provision called for appointment of Mandal and Kaka Kalerkar Commissions. whose recommendations formed basis of 27%
Reservation for OBC’s ). Despite all these provisions establishing of a free
society in India is yet a distance dream even after over six decades of
independence. The constitution Of India
grantees to all its citizens
equality before law, equal opportunities for education, social &
economic upliftment In respect of Dalits
These are basic rights & not alms
and this fact is yet to be under stood
& given practical shape. The phasing to attain the desired goal was through
Reservation as granted by the Constitution but
instead of quick implementation
of the provisions to attain equality in the society these provisions has been
deliberately failed by upper castes ,
which are controlling entire show of the Government Of India including the private
sector.

Benefits
for Minorities Scuttled:- The merit of upper castes has been deliberately used
for disadvantage to the Dalits. If lapses in running the affairs of Govt of
India in the last 65 years is any indication the falsified merit of upper
castes particularly Brahmins gets vindicated. Despite existing all laws &
rules for recruitment in Govt services
of Dalits, their share in services has remained nominal. Hence Dalit contribution in spoiling the soup is only
an exploitation by the vested interests.

Government Department
Services.

There are 10 --14 %
Sc employees against required 15 % in Govt services of AP, MP, UP, TN,
Karnataka, Gujarat etc, But the share of ST is only 2% against 7.5 % In 1999,
there were 481 judges in the high court’s of India with 15( 3 %) from Dalits,
but no f Dalits in 21 judges of Supreme court of India. In 1995 Dalit
participation in All India Government services was just 10-11%. In 2004 in IAS & Allied services
the participation of Dalits was 10 to 12 % ST __ %. There is no reservation in
Media, Defence & Higher Scientific Services, Judiciary, Export Imports,
Business & many other services.

Position of Sc and ST in the Central Govt.
Services as on March 2011:-

(According to a reply given by the
MoS in the Prime Minister's Office V Narayanasamy also
his reply in theLok Sabhaby Narayanasamy in 2011 .)

At the very top level of the governmentbureaucracy, out of a total of 149 secretary-level officers, there
were no SC officers while there were only 4 ST officers, as of March 2011, At
the next rung of additional secretary, out of 108 officers , there are just two
each from SC and ST. Further down, out of 477 joint secretaries , 31 belong to
SC, that is, 6.5% and 15 belong to ST that is 3.1%. And out of 590 directors,
17 belong to SC (2.9%) while seven belong to ST (1.2%). There is no reservation
for these posts but one would expect that out of the pool of officers from SC
and ST entering thecivil servicesthrough quota — 15% for SC, 7.5% for ST and 27% forOBC— a better proportion would have made it to these top rungs
by now.

Actually, even in the most sought after civil
services, IAS,IPSandIFS, the proportion of SC, ST and OBC officers was
below the mandated quotas. Out of 3,251 directly recruitedIASofficers, SC officers made up 13.9%, ST officers
7.3% and OBCs just 12.9%. Clearly, the underprivileged sections are not yet
getting the full advantage of affirmative actionenvisaged by the Constitution makers. This is further confirmed by the
huge number of vacancies in government positions reserved for SCs and STs. This
is causing unrest in the Dalit masses.
According to a statement given in the LS in November last year by Narayanasamy,
there were 25,037 'backlog' posts for SC lying vacant in 73 government
departments and bodies. These are positions reserved for SC members that have
not been filled over the years and thus have accumulated. They include both
direct recruitment and promotion-based positions. Out of these, 4,518 positions
were vacant because no candidate was available for promotion. Similarly for ST,
28,173 'backlog' posts were vacant, of which 7,416 were meant for filling up by
promotion.

If you look at all central government employees, 17%(
Secy. level 0%) of them were SC while 2.796% to 1.2% were ST .This appears to
be fulfilling the mandated norms of 15% SC and 7.5% ST. But there is a catch.
There is a deep skew of SC/ST members in the hierarchy of central government
jobs — as you move up the ladder, there are less and less employees /officers
from SC/ST. Among Group A officers, only 11.1% were SC and 4.6% ST. In Group B,
the shares were 14.3% and 5.5%, respectively. In group C, there were 16% SC and
7.8% ST, slightly more than the quota . And in Group D, there were 19.3% SC and
7% ST.

This high proportion of SC in Group D is because
nearly 40% of "safai karamcharies" are SC. This pushes up the
proportions all round. Actually it only denotes the harsh reality that despite
all the talk of ending discrimination and socio-economic upliftment, Dalits are
still forced to do most menial jobs. Manual carrying of human excreta is still
prevalent in many areas.

The following table makes the things very clear( Excl.Safai karamcharies).

As per information received from
various Ministries/ Departments, the representation of SCs, STs and OBCs
in posts and services of the Central Government as on 1.1.2011 is as under:-

Group

SCs

STs

OBCs

Number

%

Number

%

Number

%

A

8922

11.5

3732

4.8

5357

6.9

B

28403

14.9

11357

6.0

13897

7.3

C

370557

16.4

174562

7.7

346433

15.3

(erstwhile)
D

110515

23.0

32791

6.8

81468

17.0

(e): A
Special Recruitment Drive to fill up the backlog
reserved vacancies of SCs, STs and OBCs in services of the Central
Government was launched on 19th November, 2008 to fill up all
backlogvacancies existing as on 1.11.2008. The drive was extended upto
30.6.2011. The progress of the drive was reviewed on 1st July, 2011 and it was
decided to re-launch the drive so as to fill up the remaining identified
backlog vacancies by 31.03.2012. As reported by
the Ministries/Departments so far, the backlog vis-à-vis filled
up vacancies of SCs, STs and OBCs is given in the following table:

Category

Backlog-vacancies

Filled-up

SCs

24779

16693

STs

30010

15813

OBCs

22886

12950

Source:
Rajya Sabha Questions and Answers

This
shows that the Central government is not serious in implementing the
Reservation Rules as per the Constitution provision. All acts done by
individuals or governments against the Constitutional norms is un-lawful ,not good for the health of India .It is deliberate denial of Human
Rights. Dr. Ambedkar warned long back that governments crossing Constitutional
limits can be reasons to create chaos in the country which in turn
may not hold the country united for long.